REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS United Nations Development Programme July

2 Dear Sir/Madam, Section 1. Letter of Invitation Subject: Ref: RFP/UNDP/BPPS/005/2015 RFP for the Provision of Open Data Information Management Systems Date: 2 July The United Nations Development Programme (UNDP) hereby invites you to submit a Proposal to this Request for Proposal (RFP) for the above-referenced subject. 2. The Procurement Support office of UNDP is issuing this tender document for the purpose of concluding up to four Long Term Agreements (LTA) for two Lots as below with the successful Proposers for a period of three years. Other UN Agencies may decide to piggyback on the contracts established where a separate contract will be issued by relevant UN Agency. Lot 1 Provision of Modular Open Data Information Management Systems Lot 2 Technology Services and System Sustainability 3. The Proposers can submit offers for one or more Lots and the LTAs will be awarded on a Lot by Lot basis. LTAs are intended to cover UNDP country offices located worldwide. Full list of UNDP office is available through referred link 4. While UNDP intends to establish the LTAs there is no fixed committed contract amount and UNDP reserves the right to utilize other sources at its discretion to assure value for money. Once the contract is established with the winning vendor, orders for specific location will be placed through the Purchase Orders and the General Conditions of the Contract will be in force. 5. This RFP includes the following documents: Section 1 This Letter of Invitation Section 2 Instructions to Proposers (including Data Sheet) Section 3 Terms of Reference Section 4 Proposal Submission Form Section 5 Documents Establishing the Eligibility and Qualifications of the Proposer Section 6 Technical Proposal Form Section 7 Financial Proposal Form Section 8 (Form for Advanced Payment Guarantee) Not Applicable Section 9 Performance Security Form Section 10 General Terms & Conditions for Services 6. Your offer, comprising of a Technical and Financial Proposal, in separate sealed envelopes, should be submitted in accordance with Section You are kindly requested to submit a letter advising whether your company intends to submit a 2

3 Proposal to UNDP at the following address: and cc The letter should be received by UNDP preferably no later than 9 July Should you require further clarifications, kindly communicate with the contact person identified in the attached Data Sheet as the focal point for queries on this RFP. UNDP looks forward to receiving your Proposal and thanks you in advance for your interest in UNDP procurement opportunities. Yours sincerely, Sudha Srivastava Chief, Resources and Operations Management Bureau for Policy and Programme Support United Nations Development Programme 3

4 Section 2: Instruction to Proposers Definitions a) Contract refers to the agreement that will be signed by and between the UNDP and the successful proposer, all the attached documents thereto, including the General Terms and Conditions (GTC) and the Appendices. b) Country refers to the country indicated in the Data Sheet. c) Data Sheet refers to such part of the Instructions to Proposers used to reflect conditions of the tendering process that are specific for the requirements of the RFP. d) Day refers to calendar day. e) Government refers to the Government of the country that will be receiving the services provided/rendered specified under the Contract. f) Instructions to Proposers (Section 2 of the RFP) refers to the complete set of documents that provides Proposers with all information needed and procedures to be followed in the course of preparing their Proposals g) LOI (Section 1 of the RFP) refers to the Letter of Invitation sent by UNDP to Proposers. h) Material Deviation refers to any contents or characteristics of the proposal that is significantly different from an essential aspect or requirement of the RFP, and : (i) substantially alters the scope and quality of the requirements; (ii) limits the rights of UNDP and/or the obligations of the offeror; and (iii) adversely impacts the fairness and principles of the procurement process, such as those that compromise the competitive position of other offerors. i) Proposal refers to the Proposer s response to the Request for Proposal, including the Proposal Submission Form, Technical and Financial Proposal and all other documentation attached thereto as required by the RFP. j) Proposer refers to any legal entity that may submit, or has submitted, a Proposal for the provision of services requested by UNDP through this RFP. k) RFP refers to the Request for Proposals consisting of instructions and references prepared by UNDP for purposes of selecting the best service provider to perform the services described in the Terms of Reference. l) Services refers to the entire scope of tasks and deliverables requested by UNDP under the RFP. m) Supplemental Information to the RFP refers to a written communication issued by UNDP to prospective Proposers containing clarifications, responses to queries received from prospective Proposers, or changes to be made in the RFP, at any time after the release of the RFP but before 4

5 the deadline for the submission of Proposals. n) Terms of Reference (TOR) refers to the document included in this RFP as Section 3 which describes the objectives, scope of services, activities, tasks to be performed, respective responsibilities of the proposer, expected results and deliverables and other data pertinent to the performance of the range of duties and services expected of the successful proposer. A. GENERAL 1. UNDP hereby solicits Proposals in response to this Request for Proposal (RFP). Proposers must strictly adhere to all the requirements of this RFP. No changes, substitutions or other alterations to the rules and provisions stipulated in this RFP may be made or assumed unless it is instructed or approved in writing by UNDP in the form of Supplemental Information to the RFP. 2. Submission of a Proposal shall be deemed as an acknowledgement by the Proposer that all obligations stipulated by this RFP will be met and, unless specified otherwise, the Proposer has read, understood and agreed to all the instructions in this RFP. 3. Any Proposal submitted will be regarded as an offer by the Proposer and does not constitute or imply the acceptance of any Proposal by UNDP. UNDP is under no obligation to award a contract to any Proposer as a result of this RFP. 4. UNDP implements a policy of zero tolerance on proscribed practices, including fraud, corruption, collusion, unethical practices, and obstruction. UNDP is committed to preventing, identifying and addressing all acts of fraud and corrupt practices against UNDP as well as third parties involved in UNDP activities. (See pdf and for full description of the policies) 5. In responding to this RFP, UNDP requires all Proposers to conduct themselves in a professional, objective and impartial manner, and they must at all times hold UNDP s interests paramount. Proposers must strictly avoid conflicts with other assignments or their own interests, and act without consideration for future work. All Proposers found to have a conflict of interest shall be disqualified. Without limitation on the generality of the above, Proposers, and any of their affiliates, shall be considered to have a conflict of interest with one or more parties in this solicitation process, if they: 5.1 Are or have been associated in the past, with a firm or any of its affiliates which have been engaged UNDP to provide services for the preparation of the design, specifications, Terms of Reference, cost analysis/estimation, and other documents to be used for the procurement of the goods and services in this selection process; 5.2 Were involved in the preparation and/or design of the programme/project related to the services requested under this RFP; or 5

6 5.3 Are found to be in conflict for any other reason, as may be established by, or at the discretion of, UNDP. In the event of any uncertainty in the interpretation of what is potentially a conflict of interest, proposers must disclose the condition to UNDP and seek UNDP s confirmation on whether or not such conflict exists. 6. Similarly, the Proposers must disclose in their proposal their knowledge of the following : 6.1 That they are owners, part-owners, officers, directors, controlling shareholders, or they have key personnel who are family of UNDP staff involved in the procurement functions and/or the Government of the country or any Implementing Partner receiving services under this RFP; and 6.2 All other circumstances that could potentially lead to actual or perceived conflict of interest, collusion or unfair competition practices. Failure of such disclosure may result in the rejection of the proposal or proposals affected by the non-disclosure. 7. The eligibility of Proposers that are wholly or partly owned by the Government shall be subject to UNDP s further evaluation and review of various factors such as being registered as an independent entity, the extent of Government ownership/share, receipt of subsidies, mandate, access to information in relation to this RFP, and others that may lead to undue advantage against other Proposers, and the eventual rejection of the Proposal. 8. All Proposers must adhere to the UNDP Supplier Code of Conduct, which may be found at this link: B. CONTENTS OF PROPOSAL 9. Sections of Proposal Proposers are required to complete, sign and submit the following documents: 9.1 Proposal Submission Cover Letter Form (see RFP Section 4); 9.2 Documents Establishing the Eligibility and Qualifications of the Proposer (see RFP Section 5); 9.3 Technical Proposal (see prescribed form in RFP Section 6); 9.4 Financial Proposal (see prescribed form in RFP Section 7); 9.5 Proposal Security, if applicable (if required and as stated in the Data Sheet (DS nos. 9-11), see prescribed Form in RFP Section 8); 9.6 Any attachments and/or appendices to the Proposal. 10. Clarification of Proposal 10.1 Proposers may request clarifications of any of the RFP documents no later than the date indicated in the Data Sheet (DS no. 16) prior to the proposal submission date. Any request 6

7 for clarification must be sent in writing via courier or through electronic means to the UNDP address indicated in the Data Sheet (DS no. 17). UNDP will respond in writing, transmitted by electronic means and will transmit copies of the response (including an explanation of the query but without identifying the source of inquiry) to all Proposers who have provided confirmation of their intention to submit a Proposal UNDP shall endeavor to provide such responses to clarifications in an expeditious manner, but any delay in such response shall not cause an obligation on the part of UNDP to extend the submission date of the Proposals, unless UNDP deems that such an extension is justified and necessary. 11. Amendment of Proposals 11.1 At any time prior to the deadline of Proposal submission, UNDP may for any reason, such as in response to a clarification requested by a Proposer, modify the RFP in the form of a Supplemental Information to the RFP. All prospective Proposers will be notified in writing of all changes/amendments and additional instructions through Supplemental Information to the RFP and through the method specified in the Data Sheet (DS No. 18) In order to afford prospective Proposers reasonable time to consider the amendments in preparing their Proposals, UNDP may, at its discretion, extend the deadline for submission of Proposals, if the nature of the amendment to the RFP justifies such an extension. C. PREPARATION OF PROPOSALS 1. Cost The Proposer shall bear any and all costs related to the preparation and/or submission of the Proposal, regardless of whether its Proposal was selected or not. UNDP shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the procurement process. 2. Language The Proposal, as well as any and all related correspondence exchanged by the Proposer and UNDP, shall be written in the language (s) specified in the Data Sheet (DS No 4). Any printed literature furnished by the Proposer written in a language other than the language indicated in the Data Sheet, must be accompanied by a translation in the preferred language indicated in the Data Sheet. For purposes of interpretation of the Proposal, and in the event of discrepancy or inconsistency in meaning, the version translated into the preferred language shall govern. Upon conclusion of a contract, the language of the contract shall govern the relationship between the contractor and UNDP. 3. Proposal Submission Form The Proposer shall submit the Proposal Submission Form using the form provided in Section 4 7

8 of this RFP. 4. Technical Proposal Format and Content Unless otherwise stated in the Data Sheet (DS no. 28), the Proposer shall structure the Technical Proposal as follows: 15.1 Expertise of Firm/Organization this section should provide details regarding management structure of the organization, organizational capability/resources, and experience of organization/firm, the list of projects/contracts (both completed and on-going, both domestic and international) which are related or similar in nature to the requirements of the RFP, and proof of financial stability and adequacy of resources to complete the services required by the RFP (see RFP clause 18 and DS No. 26 for further details). The same shall apply to any other entity participating in the RFP as a Joint Venture or Consortium Proposed Methodology, Approach and Implementation Plan this section should demonstrate the Proposer s response to the Terms of Reference by identifying the specific components proposed, how the requirements shall be addressed, as specified, point by point; providing a detailed description of the essential performance characteristics proposed; identifying the works/portions of the work that will be subcontracted; and demonstrating how the proposed methodology meets or exceeds the specifications, while ensuring appropriateness of the approach to the local conditions and the rest of the project operating environment. This methodology must be laid out in an implementation timetable that is within the duration of the contract as specified in the Data Sheet (DS nos. 29 and 30). Proposers must be fully aware that the products or services that UNDP requires may be transferred, immediately or eventually, by UNDP to the Government partners, or to an entity nominated by the latter, in accordance with UNDP s policies and procedures. All proposers are therefore required to submit the following in their proposals : a) A statement of whether any import or export licences are required in respect of the goods to be purchased or services to be rendered, including any restrictions in the country of origin, use or dual use nature of the goods or services, including any disposition to end users; and b) Confirmation that the Proposer has obtained license of this nature in the past, and have an expectation of obtaining all the necessary licenses, should their Proposal be rendered the most responsive Management Structure and Key Personnel This section should include the comprehensive curriculum vitae (CVs) of key personnel that will be assigned to support the implementation of the proposed methodology, clearly defining the roles and responsibilities vis-à-vis the proposed methodology. CVs should establish competence and demonstrate qualifications in areas relevant to the TOR. In complying with this section, the Proposer assures and confirms to UNDP that the personnel being nominated are available for the Contract on the dates proposed. If any of the key personnel later becomes unavailable, except for unavoidable reasons such as death 8

9 or medical incapacity, among other possibilities, UNDP reserves the right to consider the proposal non-responsive. Any deliberate substitution arising from unavoidable reasons, including delay in the implementation of the project of programme through no fault of the Proposer shall be made only with UNDP s acceptance of the justification for substitution, and UNDP s approval of the qualification of the replacement who shall be either of equal or superior credentials as the one being replaced Where the Data Sheet requires the submission of the Proposal Security, the Proposal Security shall be included along with the Technical Proposal. The Proposal Security may be forfeited by UNDP, and reject the Proposal, in the event of any or any combination of the following conditions: a) If the Proposer withdraws its offer during the period of the Proposal Validity specified in the Data Sheet (DS no. 11), or; b) If the Proposal Security amount is found to be less than what is required by UNDP as indicated in the Data Sheet (DS no. 9), or; c) In the case the successful Proposer fails: 5. Financial Proposals i. to sign the Contract after UNDP has awarded it; ii. to comply with UNDP s variation of requirement, as per RFP clause 35; or iii. to furnish Performance Security, insurances, or other documents that UNDP may require as a condition to rendering the effectivity of the contract that may be awarded to the Proposer. The Financial Proposal shall be prepared using the attached standard form (Section 7). It shall list all major cost components associated with the services, and the detailed breakdown of such costs. All outputs and activities described in the Technical Proposal must be priced separately on a one-to-one correspondence. Any output and activities described in the Technical Proposal but not priced in the Financial Proposal, shall be assumed to be included in the prices of other activities or items, as well as in the final total price. 6. Currencies All prices shall be quoted in the currency indicated in the Data Sheet (DS no. 15). However, where Proposals are quoted in different currencies, for the purposes of comparison of all Proposals: a) UNDP will convert the currency quoted in the Proposal into the UNDP preferred currency, in accordance with the prevailing UN operational rate of exchange on the last day of submission of Proposals; and b) In the event that the proposal found to be the most responsive to the RFP requirement is quoted in another currency different from the preferred currency as per Data Sheet (DS no. 15), then UNDP shall reserve the right to award the contract in the currency of UNDP s preference, using the conversion method specified above. 7. Documents Establishing the Eligibility and Qualifications of the Proposer 9

10 18.1 The Proposer shall furnish documentary evidence of its status as an eligible and qualified vendor, using the forms provided under Section 5, Proposer Information Forms. In order to award a contract to a Proposer, its qualifications must be documented to UNDP s satisfaction. These include, but are not limited to, the following: a) That, in the case of a Proposer offering to supply goods under the Contract which the Proposer did not manufacture or otherwise produce, the Proposer has been duly authorized by the goods manufacturer or producer to supply the goods in the country of final destination; b) That the Proposer has the financial, technical, and production capability necessary to perform the Contract; and c) That, to the best of the Proposer s knowledge, it is not included in the UN 1267/1989 List or the UN Ineligibility List, nor in any and all of UNDP s list of suspended and removed vendors Proposals submitted by two (2) or more Proposers shall all be rejected if they are found to have any of the following: a) they have at least one controlling partner, director or shareholder in common; or b) any one of them receive or have received any direct or indirect subsidy from the other/s; or c) they have the same legal representative for purposes of this RFP; or d) they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about, or influence on the Proposal of, another Proposer regarding this RFP process; e) they are subcontractors to each other s Proposal, or a subcontractor to one Proposal also submits another Proposal under its name as lead Proposer; or f) an expert proposed to be in the team of one Proposer participates in more than one Proposal received for this RFP process. This condition does not apply to subcontractors being included in more than one Proposal. 8. Joint Venture, Consortium or Association If the Proposer is a group of legal entities that will form or have formed a joint venture, consortium or association at the time of the submission of the Proposal, they shall confirm in their Proposal that : (i) they have designated one party to act as a lead entity, duly vested with authority to legally bind the members of the joint venture jointly and severally, and this shall be duly evidenced by a duly notarized Agreement among the legal entities, which shall be submitted along with the Proposal; and (ii) if they are awarded the contract, the contract shall be entered into, by and between UNDP and the designated lead entity, who shall be acting for and on behalf of all the member entities comprising the joint venture. After the Proposal has been submitted to UNDP, the lead entity identified to represent the joint venture shall not be altered without the prior written consent of UNDP. Furthermore, neither the lead entity nor the member entities of the joint venture can: a) Submit another proposal, either in its own capacity; nor b) As a lead entity or a member entity for another joint venture submitting another Proposal. The description of the organization of the joint venture/consortium/association must clearly 10

11 define the expected role of each of the entity in the joint venture in delivering the requirements of the RFP, both in the Proposal and the Joint Venture Agreement. All entities that comprise the joint venture shall be subject to the eligibility and qualification assessment by UNDP. Where a joint venture is presenting its track record and experience in a similar undertaking as those required in the RFP, it should present such information in the following manner: a) Those that were undertaken together by the joint venture; and b) Those that were undertaken by the individual entities of the joint venture expected to be involved in the performance of the services defined in the RFP. Previous contracts completed by individual experts working privately but who are permanently or were temporarily associated with any of the member firms cannot be claimed as the experience of the joint venture or those of its members, but should only be claimed by the individual experts themselves in their presentation of their individual credentials. If a joint venture s Proposal is determined by UNDP as the most responsive Proposal that offers the best value for money, UNDP shall award the contract to the joint venture, in the name of its designated lead entity. The lead entity shall sign the contract for and on behalf of all other member entities. 9. Alternative Proposals Unless otherwise specified in the Data Sheet (DS nos. 5 and 6), alternative proposals shall not be considered. Where the conditions for its acceptance are met, or justifications are clearly established, UNDP reserves the right to award a contract based on an alternative proposal. 10. Validity Period Proposals shall remain valid for the period specified in the Data Sheet (DS no. 8), commencing on the submission deadline date also indicated in the Data Sheet (DS no. 21). A Proposal valid for a shorter period shall be immediately rejected by UNDP and rendered non-responsive. In exceptional circumstances, prior to the expiration of the proposal validity period, UNDP may request Proposers to extend the period of validity of their Proposals. The request and the responses shall be made in writing, and shall be considered integral to the Proposal. 11. Proposer s Conference When appropriate, a proposer s conference will be conducted at the date, time and location specified in the Data Sheet (DS no. 7). All Proposers are encouraged to attend. Non-attendance, however, shall not result in disqualification of an interested Proposer. Minutes of the proposer s conference will be either posted on the UNDP website, or disseminated to the individual firms who have registered or expressed interest with the contract, whether or not they attended the conference. No verbal statement made during the conference shall modify the terms and conditions of the RFP unless such statement is specifically written in the Minutes of the Conference, or issued/posted as an amendment in the form of a Supplemental Information to the RFP. 11

12 D. SUBMISSION AND OPENING OF PROPOSALS 12. Submission 23.1 The Financial Proposal and the Technical Proposal Envelopes MUST BE COMPLETELY SEPARATE and each of them must be submitted sealed individually and clearly marked on the outside as either TECHNICAL PROPOSAL or FINANCIAL PROPOSAL, as appropriate. Each envelope MUST clearly indicate the name of the Proposer. The outer envelopes shall bear the address of UNDP as specified in the Data Sheet (DS no.20) and shall include the Proposer s name and address, as well as a warning that state not to be opened before the time and date for proposal opening as specified in the Data Sheet (DS no. 24). The Proposer shall assume the responsibility for the misplacement or premature opening of Proposals due to improper sealing and labeling by the Proposer Proposers must submit their Proposals in the manner specified in the Data Sheet (DS nos. 22 and 23). When the Proposals are expected to be in transit for more than 24 hours, the Proposer must ensure that sufficient lead time has been provided in order to comply with UNDP s deadline for submission. UNDP shall indicate for its record that the official date and time of receiving the Proposal is the actual date and time when the said Proposal has physically arrived at the UNDP premises indicated in the Data Sheet (DS no. 20) Proposers submitting Proposals by mail or by hand shall enclose the original and each copy of the Proposal, in separate sealed envelopes, duly marking each of the envelopes as Original Proposal and Copy of Proposal as appropriate. The 2 envelopes shall then be sealed in an outer envelope. The number of copies required shall be as specified in the Data Sheet (DS No. 19). In the event of any discrepancy between the contents of the Original Proposal and the Copy of Proposal, the contents of the original shall govern. The original version of the Proposal shall be signed or initialed by the Proposer or person(s) duly authorized to commit the Proposer on every page. The authorization shall be communicated through a document evidencing such authorization issued by the highest official of the firm, or a Power of Attorney, accompanying the Proposal Proposers must be aware that the mere act of submission of a Proposal, in and of itself, implies that the Proposer accepts the General Contract Terms and Conditions of UNDP as attached hereto as Section Deadline for Submission of Proposals and Late Proposals Proposals must be received by UNDP at the address and no later than the date and time specified in the Data Sheet (DS nos. 20 and 21). UNDP shall not consider any Proposal that arrives after the deadline for submission of Proposals. Any Proposal received by UNDP after the deadline for submission of Proposals shall be declared late, rejected, and returned unopened to the Proposer. 12

13 14. Withdrawal, Substitution, and Modification of Proposals 25.1 Proposers are expected to have sole responsibility for taking steps to carefully examine in detail the full consistency of its Proposals to the requirements of the RFP, keeping in mind that material deficiencies in providing information requested by UNDP, or lack clarity in the description of services to be provided, may result in the rejection of the Proposal. The Proposer shall assume the responsibility regarding erroneous interpretations or conclusions made by the Proposer in the course of understanding the RFP out of the set of information furnished by UNDP A Proposer may withdraw, substitute or modify its Proposal after it has been submitted by sending a written notice in accordance with Clause 23.1, duly signed by an authorized representative, and shall include a copy of the authorization (or a Power of Attorney). The corresponding substitution or modification of the Proposal must accompany the respective written notice. All notices must be received by UNDP prior to the deadline for submission and submitted in accordance with RFP Clause 23.1 (except that withdrawal notices do not require copies). The respective envelopes shall be clearly marked WITHDRAWAL, SUBSTITUTION, or MODIFICATION Proposals requested to be withdrawn shall be returned unopened to the Proposers No Proposal may be withdrawn, substituted, or modified in the interval between the deadline for submission of Proposals and the expiration of the period of proposal validity specified by the Proposer on the Proposal Submission Form or any extension thereof. 15. Proposal Opening UNDP will open the Proposals in the presence of an ad-hoc committee formed by UNDP of at least two (2) members. If electronic submission is permitted, any specific electronic proposal opening procedures shall be as specified in the Data Sheet (DS no. 23). The Proposers names, modifications, withdrawals, the condition of the envelope labels/seals, the number of folders/files and all other such other details as UNDP may consider appropriate, will be announced at the opening. No Proposal shall be rejected at the opening stage, except for late submission, for which the Proposal shall be returned unopened to the Proposer. 16. Confidentiality Information relating to the examination, evaluation, and comparison of Proposals, and the recommendation of contract award, shall not be disclosed to Proposers or any other persons not officially concerned with such process, even after publication of the contract award. Any effort by a Proposer to influence UNDP in the examination, evaluation and comparison of the Proposals or contract award decisions may, at UNDP s decision, result in the rejection of its Proposal. In the event that a Proposer is unsuccessful, the Proposer may seek a meeting with UNDP for a 13

14 debriefing. The purpose of the debriefing is discussing the strengths and weaknesses of the Proposer s submission, in order to assist the Proposer in improving the proposals presented to UNDP. The content of other proposals and how they compare to the Proposer s submission shall not be discussed. E. EVALUATION OF PROPOSALS 17. Preliminary Examination of Proposals UNDP shall examine the Proposals to determine whether they are complete with respect to minimum documentary requirements, whether the documents have been properly signed, whether or not the Proposer is in the UN Security Council 1267/1989 Committee's list of terrorists and terrorist financiers, and in UNDP s list of suspended and removed vendors, and whether the Proposals are generally in order, among other indicators that may be used at this stage. UNDP may reject any Proposal at this stage. 18. Evaluation of Proposals 29.1 UNDP shall examine the Proposal to confirm that all terms and conditions under the UNDP General Terms and Conditions and Special Conditions have been accepted by the Proposer without any deviation or reservation The evaluation team shall review and evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference and other documentation provided, applying the evaluation criteria, sub-criteria, and point system specified in the Data Sheet (DS no. 32). Each responsive Proposal will be given a technical score. A Proposal shall be rendered nonresponsive at this stage if it does not substantially respond to the RFP particularly the demands of the Terms of Reference, which also means that it fails to achieve the minimum technical score indicated in the Data Sheet (DS no. 25). Absolutely no changes may be made by UNDP in the criteria, sub-criteria and point system indicated in the Data Sheet (DS no. 32) after all Proposals have been received In the second stage, only the Financial Proposals of those Proposers who achieve the minimum technical score will be opened for evaluation for comparison and review. The Financial Proposal Envelopes corresponding to Proposals that did not meet the minimum passing technical score shall be returned to the Proposer unopened. The overall evaluation score will be based either on a combination of the technical score and the financial offer, or the lowest evaluated financial proposal of the technically qualified Proposers. The evaluation method that applies for this RFP shall be as indicated in the Data Sheet (DS No. 25). When the Data Sheet specifies a combined scoring method, the formula for the rating of the Proposals will be as follows: Rating the Technical Proposal (TP): 14

15 TP Rating = (Total Score Obtained by the Offer / Max. Obtainable Score for TP) x 100 Rating the Financial Proposal (FP): FP Rating = (Lowest Priced Offer / Price of the Offer Being Reviewed) x 100 Total Combined Score: (TP Rating) x (Weight of TP, e.g. 70%) + (FP Rating) x (Weight of FP, e.g., 30%) Total Combined and Final Rating of the Proposal 29.4 UNDP reserves the right to undertake a post-qualification exercise aimed at determining, to its satisfaction the validity of the information provided by the Proposer. Such postqualification shall be fully documented and, among those that may be listed in the Data Sheet (DS No.33), may include, but need not be limited to, all or any combination of the following : a) Verification of accuracy, correctness and authenticity of information provided by the Proposer on the legal, technical and financial documents submitted; b) Validation of extent of compliance to the RFP requirements and evaluation criteria based on what has so far been found by the evaluation team; c) Inquiry and reference checking with Government entities with jurisdiction on the Proposer, or any other entity that may have done business with the Proposer; d) Inquiry and reference checking with other previous clients on the quality of performance on ongoing or previous contracts completed; e) Physical inspection of the Proposer s offices, branches or other places where business transpires, with or without notice to the Proposer; f) Quality assessment of ongoing and completed outputs, works and activities similar to the requirements of UNDP, where available; and g) Other means that UNDP may deem appropriate, at any stage within the selection process, prior to awarding the contract. 19. Clarification of Proposals To assist in the examination, evaluation and comparison of Proposals, UNDP may, at its discretion, ask any Proposer for a clarification of its Proposal. UNDP s request for clarification and the response shall be in writing. Notwithstanding the written communication, no change in the prices or substance of the Proposal shall be sought, offered, or permitted, except to provide clarification, and confirm the correction of any arithmetic errors discovered by UNDP in the evaluation of the Proposals, in accordance with RFP Clause 32. Any unsolicited clarification submitted by a Proposer in respect to its Proposal, which is not a response to a request by UNDP, shall not be considered during the review and evaluation of the Proposals. 15

16 20. Responsiveness of Proposal UNDP s determination of a Proposal s responsiveness will be based on the contents of the Proposal itself. A substantially responsive Proposal is one that conforms to all the terms, conditions, TOR and other requirements of the RFP without material deviation, reservation, or omission. If a Proposal is not substantially responsive, it shall be rejected by UNDP and may not subsequently be made responsive by the Proposer by correction of the material deviation, reservation, or omission. 21. Nonconformities, Reparable Errors and Omissions Provided that a Proposal is substantially responsive, UNDP may waive any non-conformities or omissions in the Proposal that, in the opinion of UNDP, do not constitute a material deviation. Provided that a Proposal is substantially responsive, UNDP may request the Proposer to submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Proposal related to documentation requirements. Such omission shall not be related to any aspect of the price of the Proposal. Failure of the Proposer to comply with the request may result in the rejection of its Proposal. Provided that the Proposal is substantially responsive, UNDP shall correct arithmetical errors as follows: a) if there is a discrepancy between the unit price and the line item total that is obtained by multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall be corrected, unless in the opinion of UNDP there is an obvious misplacement of the decimal point in the unit price, in which case the line item total as quoted shall govern and the unit price shall be corrected; b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to the above. If the Proposer does not accept the correction of errors made by UNDP, its Proposal shall be rejected. F. AWARD OF CONTRACT 22. Right to Accept, Reject, or Render Non-Responsive Any or All Proposals UNDP reserves the right to accept or reject any Proposal, to render any or all of the Proposals as non-responsive, and to reject all Proposals at any time prior to award of contract, without 16

17 incurring any liability, or obligation to inform the affected Proposer(s) of the grounds for UNDP s action. Furthermore, UNDP shall not be obliged to award the contract to the lowest price offer. UNDP shall also verify, and immediately reject their respective Proposal, if the Proposers are found to appear in the UN s Consolidated List of Individuals and Entities with Association to Terrorist Organizations, in the List of Vendors Suspended or Removed from the UN Secretariat Procurement Division Vendor Roster, the UN Ineligibility List, and other such lists that as may be established or recognized by UNDP policy on Vendor Sanctions. (See for details) 23. Award Criteria Prior to expiration of the period of proposal validity, UNDP shall award the contract to the qualified Proposer with the highest total score based on the evaluation method indicated in the Data Sheet (DS nos. 25 and 32). 24. Right to Vary Requirements at the Time of Award At the time of award of Contract, UNDP reserves the right to vary the quantity of services and/or goods, by up to a maximum twenty five per cent (25%) of the total offer, without any change in the unit price or other terms and conditions. 25. Contract Signature Within seven (7) days from the date of receipt of the Contract, the successful Proposer shall sign and date the Contract and return it to UNDP. Failure of the successful Proposer to comply with the requirement of RFP Clause 35 and this provision shall constitute sufficient grounds for the annulment of the award, and forfeiture of the Proposal Security if any, and on which event, UNDP may award the Contract to the Proposer with the second highest rated Proposal, or call for new Proposals. 26. Performance Security A performance security, if required, shall be provided in the amount and form provided in Section 9 and by the deadline indicated in the Data Sheet (DS no. 14), as applicable. Where a Performance Security will be required, the submission of the said document, and the confirmation of its acceptance by UNDP, shall be a condition for the effectivity of the Contract that will be signed by and between the successful Proposer and UNDP. 27. Bank Guarantee for Advanced Payment Except when the interests of UNDP so require, it is the UNDP s preference to make no advanced payment(s) on contracts (i.e., payments without having received any outputs). In the event that the Proposer requires an advanced payment upon contract signature, and if such request is duly accepted by UNDP, and the said advanced payment exceeds 20% of the total proposal price, or exceed the amount of USD 30,000, UNDP shall require the Proposer to submit a Bank Guarantee 17

18 in the same amount as the advanced payment. A bank guarantee for advanced payment shall be furnished in the form provided in Section Vendor Protest UNDP s vendor protest procedure provides an opportunity for appeal to those persons or firms not awarded a purchase order or contract through a competitive procurement process. In the event that a Proposer believes that it was not treated fairly, the following link provides further details regarding UNDP vendor protest procedures: Instructions to Proposers DATA SHEET The following data for the services to be procured shall complement, supplement, or amend the provisions in the Instruction to Proposers. In the case of a conflict between the Instructions to Proposers, the Data Sheet, and other annexes or references attached to the Data Sheet, the provisions in the Data Sheet shall govern. DS No. Cross Ref. to Instruc -tions Data Specific Instructions / Requirements 1 2 Project Title : Title of Services/Work: Provision of Products and Services in Development Effectiveness through a Long-Term Agreement (LTA) with UNDP Lot 1 Provision of Modular Open Data Information Management Systems Lot 2 Technology Services and System Sustainability 3 Country / Region of Work Location: As per TOR 4 C.13 Language of the Proposal: a English 5 C.20 Conditions for Submitting Proposals for Parts or sub-parts of the TOR a Not allowed 18

19 6 C.20 Conditions for Submitting Alternative Proposals a Shall not be considered 7 C.22 A pre-proposal conference will be held on: A Proposer s Conference will be held: Venue: Date: Place: UNDP HQ 15 July 2015 at 11:00am Eastern Time NY (Audio conference details will be provided to the prospective Proposers that have confirmed their intended participation before 3p.m. 13 July The UNDP focal point for this arrangement is: [email protected] with copy to [email protected] 8 C.21 Period of Proposal Validity commencing on the submission date a 120 days 9 B.9.5 C.15.4 b) Proposal Security a Not Required 10 B.9.5 Acceptable forms of Proposal Security N/A 11 B.9.5 C.15.4 a) Validity of Proposal Security N/A 12 Advanced Payment upon signing of contract a Not allowed 13 Liquidated Damages a 2% of contract amount for every week of delay. UNDP may cancel Purchase Order/Contract if amount of the liquidated damages reaches 10% of contract amount. 14 F.37 Performance Security a Required up to 10% of each contract issued under the LTA, if requested by UNDP 15 C.17, C.17 b) Preferred Currency of Proposal and Method for Currency conversion a United States Dollars (US$) 16 B.10.1 Deadline for submitting Clarifications will be provided on rolling basis and last 19

20 requests for clarifications/ questions 17 B.10.1 Contact Details for submitting clarifications/questions 18 B.11.1 Manner of Disseminating Supplemental Information to the RFP and responses/clarifications to queries 19 D.23.3 No. of copies of Proposal that must be submitted [if transmitted by courier] request for questions/clarifications should be submitted to UNDP no later than 14 days before the submission date. address dedicated for this purpose: and cc a Direct communication to prospective Proposers by and Posting on the web-site The Proposer shall prepare the Proposal in two parts: the Technical Proposal and the Financial Proposal. Proposals must be submitted electronically. Please refer to DS No. 23 for details. 20 D.23.1 D.23.2 D.24 Proposal Submission Address to 21 C.21 D.24 Deadline of Submission Date : 5 August 2015 Time : 5 p.m. Eastern time 22 D.23.2 Allowable Manner of Submitting Proposals a Electronic submission of Proposals 23 D.23.2 D.26 Conditions and Procedures for electronic submission and opening, if allowed a Official Address for e-submission: [email protected] a Free from virus and corrupted files a Format : PDF files only a Max. File Size per transmission: 5 MB a No. of copies to be transmitted : 1 a Mandatory subject of See below instruction for details. a Virus Scanning Software to be Used prior to transmission: Yes a Time Zone to be Recognized: Eastern standard time a Other conditions: See below instruction for electronic submission. Instruction for electronic submission The Proposer may choose to submit their proposals for each Lot separately by to 20

21 In this case the Proposer shall send separate proposals for: 1) technical proposal; 2) financial proposal as separate attachments to the message(s). Having prepared the Proposal in paper formats as specified in Sections 4, 5, and 6 the entire Technical Proposal should be scanned or otherwise converted into one or more electronic.pdf (Adobe Acrobat) format files and attached to one or more s. Same should be done for Section 7 Financial Proposal. The Subject line of the (s) should state: Technical proposal RFP/UNDP/BPPS/005/2015 Open Data Information Systems Lot (please indicate 1 or 2) ; and separate Financial proposal for the RFP/UNDP/BPPS/005/2015 Open Data Information Systems Lot (please indicate 1 or 2) - DO NOT OPEN. Proposals for different Lots shall be submitted separately as per above instructions. To secure your financial offer please SET-UP A PASSWORD for the Financial Proposal which will be requested as follows: a) The password for Financial Proposal will be requested from the Proposers if they are successful in the Technical Proposal evaluation. Only those who achieved the minimum score on the technical evaluation will be requested to provide the password to the financial proposals. It is strongly suggested that Proposers make a note of the passwords and keep them in a safe place. If we are unable to open the file because of forgotten password(s) the proposal will be disqualified. Proposers may send as many s as needed; however, the size of each should not exceed five megabytes (5 MB). As an can take some time to arrive after it is sent, we advise all Proposers to send e- mail submissions well before the deadline. Please be aware that bids ed to UNDP will be rejected if they are received after the deadline for bid submission. Proposers are solely responsible for ensuring that any and all files sent to UNDP are readable, that is, uncorrupted, in the indicated electronic format, and 21

22 free from viruses and malware. Failure to provide readable files will result in the proposal being rejected. Please Note: Any proposal sent to the private addresses of any procurement staff will not be accepted. 24 D.23.1 Date, time and venue for opening of Proposals Not applicable for public bid opening. 25 E.29.2 E.29.3 F.34 Evaluation method to be used in selecting the most responsive Proposal acombined Scoring Method, using the 70%-30% distribution for technical and financial proposals, respectively 26 C.15.1 Required Documents that must be Submitted to Establish Qualification of Proposers (In Certified True Copy form only) acompany Profile, which should not exceed fifteen (15) pages, including printed brochures and product catalogues relevant to the goods/services being procured acertificate of Registration of the business, including Articles of Incorporation, or equivalent document if Proposer is not a corporation a Quality Certificate (e.g., ISO, etc.) and/or other similar certificates, accreditations, awards and citations received by the Proposer, if any a Latest Audited Financial Statement (Income Statement and Balance Sheet) including Auditor s Report a Statement of Satisfactory Performance from the Top 3 Clients in terms of Contract Value the past 5 years a All information regarding any past and current litigation during the last five (5) years, in which the Proposer is involved, indicating the parties concerned, the subject of the litigation, the amounts involved, and the final resolution if already concluded. 27 Other documents that may be Submitted to Establish Eligibility Provide at least three client references for similar projects (amount and scale) contracted as main contractor. 28 C.15 Structure of the Technical Proposal (only if different from the provision of Section 6) 29 C.15.2 Latest Expected date for commencement of Contract 30 C.15.2 Expected duration of contract (Target Commencement Date and Completion Date) See Section 6 September 2015 LTA will be renewable annually up to 3 years upon satisfactory performance. 22

23 31 UNDP will award the contract to: Lot 1 Up to two Proposers Lot 2 Up to two Proposers E.28 Preliminary Examination of Proposals Memo to Offerors (Examples of Bid Rejection) Proposals have been rejected at the submission stage or found to be technically noncompliant due to errors in presentation and failure to follow bidding instructions. Below are some of the more common examples of why proposals are rejected by UNDP. Proposers are urged to read this before submission and to check that their proposal conforms to each of these points and the instructions as noted in the bidding documents. Proposal is submitted after the deadline for submission. ed proposals sent just before the deadline may arrive after the deadline and be rejected. Therefore, make sure to submit your proposals beforehand. Proposal not submitted to correct physical or electronic address. Note that the address for proposal submission is different to the address for bid questions. Proposal is submitted as a single package, without separating technical and financial proposal (including CDs). Proposal is not signed as per the instructions in the RFP. Not all sufficient documents have been provided. Documents provided are not in English. Documents provided do not directly address each point of the evaluation criteria. Proposal is more like a brochure for the firm without specifically addressing the specific evaluation criteria of the RFP and TOR. Proposal does not offer goods or services which have been specifically requested by UNDP in the Terms of Reference. Failure to enclose the Proposal Submission Form (see Section 4). The Proposer failed to consult the UNDP website before the deadline for bid submission and did not see the changes to the RFP/TOR listed there which need to be incorporated in the proposal. The Proposer failed to read the minutes of the Proposers conference and to include the relevant points in their proposal. 23

24 The Proposer declines or proposes a major deviation to UNDP General Conditions of Contract (see Section 9). Proposal contains viruses and/or corrupted files. The Proposers should ensure that submitted proposals DO NOT contain viruses and/or corrupted files. Such proposals will be rejected. 32 E.29.2 F.34 Criteria for the Award of Contract and Evaluation of Proposals The above examples illustrate some errors which may be made by Proposers. This is a partial list. The bidding documents contain the full list of instructions relevant to each particular bid and should be followed carefully. See award criteria below. 33 E.29.4 Post-Qualification Actions Verification of accuracy, correctness and authenticity of the information provided by the Proposer on the legal, technical and financial documents submitted; Validation of extent of compliance to the RFP requirements and evaluation criteria based on what has so far been found by the evaluation team; Inquiry and reference checking with other previous clients on the quality of performance on ongoing or previous contracts completed; 34 Conditions for Determining Contract Effectiveness 35 Other Information Related to the RFP N/A UNDP intends to award up to four LTAs per Lot to the responsive bidders. After the LTAs are established with the successful bidders, the award of an assignment for a specific project will be made to one of LTA holders through secondary competition. Secondary competition will be amongst the LTA holders and subjected to the requirements listed in the Terms of Reference and conditions of the LTA. During this secondary competition LTA holders should quote the number of resources (man/days) required as per the Unit Price stated in the LTA and related living and travel costs (travel costs for airfare should be economy class). The Purchase Order will be issued to the LTA holder that is responsive and provides the best value for money. 24

25 Standard Operating Procedures (SOPs) will be developed and shared with each LTA holder. The SOPs will provide a guide to end users and LTA holders on the mechanics for accessing and providing the services, as well as roles and responsibilities of the parties involved. 25

26 TECHNICAL EVALUATION CRITERIA for LOT 1 - Modular Open Data Information Management Systems Summary of Technical Proposal Evaluation Forms for Lot 4 Score Weight Points Obtainable 1. Capacity & Expertise of Firm / Organization 35% 350 Proposed Methodology, Approach and Implementation 2. Plan 40% Management Structure and Key Personnel 25% 250 Total 1000 Technical Proposal Evaluation Form 1 Points obtainable Expertise of the Firm/Organization 1.1 Reputation of Organization and Staff / Credibility / Reliability / Industry Standing: Relevance of the organization in: - Specialized Knowledge in Open Data Information Management Systems - Experience in similar projects with global implementations - Experience working with large-scale international organizations and local governments - If the offering is open source, extensive experience in developing high quality web based software with examples provided on similar systems developed by the firm - If the offering is proprietary, case studies provided on implementation of the system by global organizations(s) 1.2 General Organizational Capability which is likely to affect implementation - Financial stability - loose consortium, holding company or one firm - age/size of the firm - strength of project management support - project financing capacity - project management controls 1.3 Extent to which any work would be subcontracted (subcontracting carries additional risks which may affect project implementation, but properly done it offers a chance to access specialized skills.) 1.4 Quality assurance procedures established in the process of project management (full description of procedures, control points, sub-contractors inputs) 1.5 International recognition of institution/entity or Quality Certificate (e.g., CMMI, etc.) and/or other similar certificates, awards and citations received by the Proposer Total Part Technical Proposal Evaluation Form 2 Points Obtainable 26

27 Proposed Methodology, Approach and Implementation Plan 2.1 To what degree does the Proposer understand the task? Have the important aspects of the task been addressed in sufficient detail? Are the different components of the project adequately weighted relative to one another? Is the proposal based on a survey of the project environment and was this data input 50 properly used in the preparation of the proposal? 2.5 Is the conceptual framework adopted appropriate for the task? Is the scope of task well defined and does it correspond to the TOR? Is the presentation clear and is the sequence of activities and the planning logical, realistic and promise efficient implementation to the project? 70 Total Part Technical Proposal Evaluation Form 3 Management Structure & Personnel Two Senior experts with relevant experience of 7 years. Points Obtainable 3.1* 3.2* Professional Experience in the area of specialization (40) Education in relevant area (20 points) Professional Certification (15 points) Experience in leading implementation of global projects in multi-cultural environments (15 points) Experience in liaising directly with governments and international development organisations (10 points) Two Mid-level experts with relevant experience of 5 years. Professional Experience in the area of specialization (35) Education in relevant area (20 points) Professional Certification (10 points) Experience in implementing global projects in multi-cultural environments (10 points)

28 3.3* Two Junior Experts with relevant experience of 3 years. Professional Experience in the area of specialization (35) Education in relevant area (20 points) Professional Certification (10 points) Experience in implementing global projects in multi-cultural environments (10 points) 75 Total Form *Note: For evaluation purposes the average score of CVs will be used if multiple CVs are submitted for each position. TECHNICAL EVALUATION CRITERIA for LOT 2 - Technology Services and System Sustainability Summary of Technical Proposal Evaluation Forms for Lot 4 Score Weight Points Obtainable 1. Capacity & Expertise of Firm / Organization 35% Proposed Methodology, Approach and Implementation Plan 40% Management Structure and Key Personnel 25% 250 Total 1000 Technical Proposal Evaluation Form 1 Expertise of the Firm/Organization 1.1 Reputation of Organization and Staff / Credibility / Reliability / Industry Standing: Relevance of the organization in: - Specialized Knowledge in Open Data Information Management Systems - Experience in similar projects with global implementations - Experience working with large-scale international organizations and local governments - If the offering is open source, extensive experience in developing high quality web based software with examples provided on similar systems developed by the firm - If the offering is proprietary, case studies provided on implementation of the system by global organizations(s) 1.2 General Organizational Capability which is likely to affect implementation - Financial stability - loose consortium, holding company or one firm - age/size of the firm Points obtainable

29 - strength of project management support - project financing capacity - project management controls 1.3 Extent to which any work would be subcontracted (subcontracting carries additional risks which may affect project implementation, but properly done it offers a chance to access specialized skills.) 1.4 Quality assurance procedures established in the process of project management (full description of procedures, control points, sub-contractors inputs) 1.5 International recognition of institution/entity or Quality Certificate (e.g., ISO, etc.) and/or other similar certificates, awards and citations received by the Proposer Total Part Technical Proposal Evaluation Form 2 Points Obtainable Proposed Methodology, Approach and Implementation Plan 2.1 To what degree does the Proposer understand the task? Have the important aspects of the task been addressed in sufficient detail? Are the different components of the project adequately weighted relative to one another? Is the proposal based on a survey of the project environment and was this data input 50 properly used in the preparation of the proposal? 2.5 Is the conceptual framework adopted appropriate for the task? Is the scope of task well defined and does it correspond to the TOR? Is the presentation clear and is the sequence of activities and the planning logical, realistic and promise efficient implementation to the project? 70 Total Part Technical Proposal Evaluation Form 3 Management Structure & Personnel Two Senior experts with relevant experience of 7 years. Points Obtainable 3.1* Professional Experience in the area of specialization (40) Education in relevant area (20 points) Professional Certification (15 points) Experience in leading implementation of global projects in multi-cultural environments (15 points) Experience in liaising directly with governments and international development organisations (10 points)

30 3.2* 3.3* Two Mid-level experts with relevant experience of 5 years. Professional Experience in the area of specialization (35) Education in relevant area (20 points) Professional Certification (10 points) Experience in implementing global projects in multi-cultural environments (10 points) Two Junior Experts with relevant experience of 3 years. Professional Experience in the area of specialization (35) Education in relevant area (20 points) Professional Certification (10 points) Experience in implementing global projects in multi-cultural environments (10 points) Total Form *Note: For evaluation purposes the average score of CVs will be used if multiple CVs are submitted for each position. 30

31 Section 3: Terms of Reference (TOR) A. Project Title Provision of Products and Services in Development Effectiveness through a Long-Term Agreement (LTA) with UNDP B. Project Description UNDP is the UN s global development network, which works to empower governments to tackle their own development challenges. It does so by connecting governments to a wide range of development partners and resources that provide means to finding solutions to national development challenges. Operating in over 170 countries, UNDP has been at the forefront of the global fight against poverty, through its leadership in implementing global initiatives aimed at building capacities to enhance development effectiveness. UNDP is seeking the services of a highly qualified software development firm (hereinafter, Contractor) to undertake (on a long-term basis) consultancy work broadly defined within the two categories below; i) Develop and implement a new Open Data Information Management System, which will use globally available (as well as nationally-sourced) information on official and private financial flows to developing countries for partner governments. This system aims to develop and/or strengthen these governments aid coordination and management capacities, and consequently their public financial management processes. The system/tool may be built using open source technology, or proprietary software. This activity will require a scoping / mapping exercise by the Contractor which aims to identify the broader aid architecture of the client partner country, in order to appropriately position the system/tool within that architecture so as to extract maximum utility from the tool. ii) Demonstrate capabilities in putting in place practical strategies for effectively transferring know-how, and sustaining existing implementations. An important factor in a sustainable Open Data Information Management System (formerly or more commonly described as an Aid Information Management System or AIMS) is a clearly defined capacity transfer strategy that aims to strengthen an identified core team of users/administrators/managers with the necessary know-how, to gradually assume greater management responsibility of the system/tool from the Contractor. The Contractor should be able to define that strategy, and describe how they will implement it. Contractors wishing to participate in this tender may apply for one or both of the service areas listed below and will be required to demonstrate fully their competency in each Service Area applied for. If successful, the Contractor will be awarded a Long Term Agreement in one or both of the separate Service Areas. C. Scope of Work The scope of work includes situations in which a country already has an existing information 31

32 management system, as well as countries which do not yet have any system in place at all. This Terms of Reference document seeks to meet the needs of both of these types of countries having diverse requirements at different stages of strengthening their aid management systems and processes. The Contractor is expected to deliver the following products and services to client partner countries in order to build the latter s local capacity in implementing strong development effectiveness processes/systems. Guided by the global initiatives on aid/development effectiveness and the needs as specified by the client partner country, the Contractor is expected to be able to deliver on any or all of each service area (and their individual components), as deemed necessary by the client. As part of this tender process the Contractor is required to present their relevant experience in the following service areas: 32

33 LOT 1 / SERVICE AREA 1: PROVISION OF MODULAR OPEN DATA INFORMATION MANAGEMENT SYSTEMS Open Data Information Management Systems are software applications designed to capture, and process information. It is essential that any new system complements and interoperates seamlessly with other tools and processes/frameworks that are already in place as part of the client country s development architecture. The Contractor will therefore be required to conduct a scoping exercise as part of Service Area 1 to identify and address linkages and synergies with existing or planned government systems. The same scoping exercise will also identify capacity constraints that might hinder the handover of ownership of the system. The information needs of governments in relation to the flows of development assistance and other financial flows change over time, and the system should be modular to support the client partner government as its needs develop. Initially, the system has application in a range of distinct settings (though nothing in this Terms of Reference should limit the opportunity for Contractors to innovate and possibly offer new generation systems at either country, regional or global level). Among the initial settings foreseen, the system firstly gives governments tools to better coordinate and manage their aid and other types of foreign flows. Secondly, it provides the opportunity for governments to strengthen their public financial management systems, be able to hold Development Partners to account on their international commitments to make aid more predictable, and also improve on the government s transparency and accountability to its citizens. Thirdly, the system offers support to the particular needs of post-conflict or fragile states that are in need of urgent recording and coordination of massive amounts of aid and other inflows in order to ensure its effective allocation and utilisation. The Open Data Information Management System software being offered should have all of the following Core capabilities (as indicated in the sections below), and the process of defining the requirements should be informed by a scoping mission undertaken by the Contractor: I. Input Allow for the automatic import of new and modified activities in IATI-XML format1 as well as OECD/DAC CRS data and data from the forward-spending survey. i) More than 300 publishers including bilateral and multilateral donors, international and national NGOs, CSOs, foundations, and private sector now publish timely and forwardlooking information on aid, development and humanitarian flows to the IATI standard, and this is available through the IATI Datastore 2. Each Open Data Information Management System must include a module providing an interface with the IATI Datastore so as to ensure seamless import of updated activities from donor databases to partner countries databases, and an API driven service to export data into XML and/or JSON format. The needs will be defined in close consultation with the client partner government. The Contractor, in collaboration with the client partner government, should define a feature that will enable Administrator approval of data import/export. ii) Monitoring of global indicators (such as Busan) and nationally defined development effectiveness indicators Current international dialogue on development effectiveness is guided by the Global Partnership for Effective Development Co-operation that was agreed upon at the 2011 Fourth High Level Forum on Aid Effectiveness in Busan, Republic of Korea. Underpinning 1 The IATI standard is a framework for publishing information on development cooperation activities in a timely, comprehensive and forwardlooking manner (

34 this Global Partnership is a framework for monitoring the implementation of a set of actions agreed at that forum. The Open Data Information Management System on offer should ensure that the indicators for monitoring the Busan actions are embedded, and that users will be able to monitor on progress of the actions implementation at any point in time. In addition, many partner countries are defining development effectiveness indicators and targets at the national level, which should also be monitored through the same system/tool. iii) Record on- and off-budget activities for all agents in the aid-delivery chain The ability to capture on- and off-budget activities is essential for recipient countries to distinguish those Development Partners (DPs) that are making efforts to strengthen the former s Public Financial Management (PFM) and other country systems, by aligning their aid to national priorities as identified in the national budget. iv) Sub-national geocoding of activities The Open Data Information Management System should be able to spatially represent aid interventions (via an interactive map tool) in order to empower partner governments to conduct gap analyses and make informed resource allocation decisions. v) Budget Integration This is a key process within PFM system that helps allocate finances based on identified national priorities. The Open Data Information Management System should have a component/module that interfaces with existing budgeting applications. vi) M & E Monitoring and evaluation of development outcomes is key to the process of planning. This component/module within the Open Data Information Management System should enable partner governments to track progress in their implementation of set development goals. vii) Development Partner/Provider Profile The Open Data Information Management System should provide a module that consolidates key statistical data of each reporting Development Partner in order to facilitate analysis and empower decision-makers. viii) User-friendly data capturing interface The Open Data Information Management System should have an intuitive and userfriendly data-capturing interface (form) with multiple languages capability. II. Output - Integration with other related systems i) Interface with government public financial management systems The Open Data Information Management System needs to create an interface with other existing PFM systems, in order to ensure complementarity and comprehensiveness of information on aid/development effectiveness. Interoperability with other technologies is critical to this functionality. ii) Interface with national monitoring systems (development indicators) There needs to be an interface between the Open Data Information Management System and national monitoring systems (e.g. national statistical databases) so that governments 34

35 can visualise the contribution of aid to the country s attainment of Millennium Development Goals (MDGs), their successor goals, and other national socio-economic plans. III. Output Data accessibility and formats: i) Be publicly accessible via the internet The Open Data Information Management System should be publically accessible and thus conform to W3C Web Accessibility standards so as to ensure that the majority of people have access to the content being provided through the Internet. The system should be accessible on all modern standard compliant browsers and the interface should be responsive to mobile devices such as tablets and smart phones. ii) Design, view and print reports in flexible and modifiable formats The ability to generate various types of reports based on the data stored in the database is essential. The reporting feature should be intuitive, user-friendly, and allow for printing of reports into (but not limiting to) the following formats MS Word, MS Excel, CSV, and PDF. iii) Export data in IATI-XML format The Open Data Information Management System must include an interface with the IATI Registry in order to enable seamless export of activities. iv) Web interface, including the possibility of decentralized data entry by remote users The Open Data Information Management System requires a web interface that allows different types/levels of access to the database: read, write, and administrator are the minimum access levels to be included. v) Web portal The Contractor will develop a web portal that will provide a platform for Internet users to access (in one location) all the relevant content pertaining to aid/development effectiveness as well as query various reports from data stored in the Open Data Information Management System. This will provide an information-sharing platform that the client partner government can utilise to disseminate different types of aid/development effectiveness information to the public at large. vi) Offline module The Contractor will be required to develop a module for offline data entry activities for use in countries where Internet infrastructure is not reliable. An Internet connection will only be required to upload already-entered data. IV. Output. Replication of systems and customization i) Replication of the system and customisation The Contractor will be required to replicate a system they have developed for one local partner with another partner from a different country. In such cases, base software should be offered to the local partner at no cost. Customizations and costs involved for the new implementation should be agreed with the local partner in accordance with the terms and conditions of this LTA. Expected Outputs 35

36 I. Core Modular Open Data Information Management System solution that is comprised of the functionalities/modules listed in Service Areas 1 and 2 above. II. All hardware and network requirements and costs associated with them are clearly identified, documented and agreed by the client partner government. III. Industry standard software development, coding and quality assurance methodologies are implemented and full documentation of source code and internal functions of the system handed over to relevant staff of the client partner government. IV. If the offering is Open Source, all attempts should be made to make the source code freely available for further customization by a third-party. V. End user manuals handed over to relevant staff of the client partner government at the end of the development cycle. The Contractor will be required to explicitly authorize staff in the client partner government and provide training/certification for them to manipulate the source code in whatever manner they see fit, in order to meet evolving requirements of the system. VI. At least six (6) months of warranty period after production implementation and sign off by the client partner government in which software bugs will be fixed within an accepted time period with no additional cost to the client. Bidders shall meet the following requirements: Prior experience in designing, developing and supporting implementation of web-based data collection, data storage and reporting systems. Experience of implementing such systems in developing countries is an added advantage. Extensive knowledge and experience in the field of user interface design, web application development, and data science is required. Extensive knowledge and experience in the field of international relations, development cooperation/economics, aid effectiveness, and aid transparency is essential. Proven experience in using CMMI or equivalent framework for all product and service development. The Contractor will provide a team of experts suitable and sufficient for the timely implementation of the agreed solutions. LOT 2 / Service Area 2: Technology Services and System Sustainability Technology services will provide backup technical support to the administrators and users of new and/or existing Open Data Information Management System solutions. These services will include inter alia, development of new modules, and provision of training/mentorship to national counterparts in charge of operating/managing the systems. The notion of system sustainability is essential to ensure that the client partner government can eventually own, maintain and manage its own system. Therefore, the Contractor in this Service Area will be required to demonstrate how they will address this issue for both existing and new 36

37 implementations, defining the strategies through which technical knowledge and capacity of local system operators will be strengthened to manage, modify, and maintain the system with diminishing technical support from the Contractor over a period of time. The Contractor is required to establish a clear timeframe and define the activities they will carry out for developing, maintaining or customizing an existing system, developed by a firm in LOT1 or complete handover of a system to the concerned national officer(s). All one time and recurring costs, including but not limited to proprietary software or third party components should be included in the contract and agreed with the client partner government and included in monitoring reports to UNDP. Expected Outputs I. A clear strategy on how to empower teams from new and on-going implementations to effectively sustain the system beyond current Technical Support arrangements. II. A report on the training of the different categories of users and operators, for both new and ongoing implementations, as identified in the scoping exercise. III. A sample quarterly Issues Log Report that will illustrate the volume and nature of issues (technical or otherwise) that will have been raised by each partner country implementation, and documenting how each issue will have been handled by the Contractor and the time taken to address it. It should also indicate the maximum turnaround time allowed for each issue to be resolved, and the penalties applicable in the case of delays. Furthermore, this report should also provide an analytical presentation of the data contained in the report. IV. In case of Knowledge or System transfer, at least one (1) key personnel is made available for at least two (2) full weeks to the client partner government within two (2) years of signing the Long-Term Agreement. V. Quarterly report to be submitted to UNDP indicating the status and value of all contracts established or extended through this Long Term Arrangement. Bidders shall meet the following requirements: Prior experience in designing, developing and supporting implementation of web-based data collection, data storage and reporting systems. Experience of implementing such systems in developing countries is an added advantage. Extensive knowledge and experience in the field of user interface design, web application development, and data science is required. Extensive knowledge and experience in the field of international relations, development cooperation/economics, aid effectiveness, and aid transparency is essential. Proven experience in using CMMI or equivalent framework for all product and service development. The Contractor will provide a team of experts suitable and sufficient for the timely implementation of the agreed solutions. 37

38 Section 4: Proposal Submission Form 3 To: [insert: Name and Address of UNDP focal point] Dear Sir/Madam: [insert: Location, Date] We, the undersigned, hereby offer to provide professional services for [insert: title of services and Lot] (check only one per submission): Lot 1 - xxxxxxxxxxxxx Lot 2 xxxxxxxxxxxxx in accordance with your Request for Proposal dated [insert: Date] and our Proposal. We are hereby submitting our Proposal, which includes the Technical Proposal and Financial Proposal sealed under a separate envelope. We hereby declare that: a) All the information and statements made in this Proposal are true and we accept that any misrepresentation contained in it may lead to our disqualification; b) We are currently not on the removed or suspended vendor list of the UN or other such lists of other UN agencies, nor are we associated with, any company or individual appearing on the 1267/1989 list of the UN Security Council; c) We have no outstanding bankruptcy or pending litigation or any legal action that could impair our operation as a going concern; and d) We do not employ, nor anticipate employing, any person who is or was recently employed by the UN or UNDP. We confirm that we have read, understood and hereby accept the Terms of Reference describing the duties and responsibilities required of us in this RFP, and the General Terms and Conditions of UNDP s Contract for Professional Services. We agree to abide by this Proposal for [insert: period of validity as indicated in Data Sheet]. We undertake, if our Proposal is accepted, to initiate the services not later than the date indicated in the Data Sheet. We fully understand and recognize that UNDP is not bound to accept this proposal, that we shall bear all costs associated with its preparation and submission, and that UNDP will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the evaluation. 3 No deletion or modification may be made in this form. Any such deletion or modification may lead to the rejection of the Proposal. 38

39 We remain, Yours sincerely, Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm: Contact Details : [please mark this letter with your corporate seal, if available] 39

40 Section 5: Documents Establishing the Eligibility and Qualifications of the Proposer Proposer Information Form 4 1. Proposer s Legal Name [insert Proposer s legal name] Date: [insert date (as day, month and year) of Proposal Submission] RFP No.: [insert number] 2. In case of Joint Venture (JV), legal name of each party: [insert legal name of each party in JV] Page of pages 3. Actual or intended Country/ies of Registration/Operation: [insert actual or intended Country of Registration] 4. Year of Registration: [insert Proposer s year of registration] 5. Countries of Operation 6. No. of staff in each Country 7.Years of Operation in each Country 8. Legal Address/es in Country/ies of Registration/Operation: [insert Proposer s legal address in country of registration] 9. Value and Description of Top three (3) Biggest Contract for the past five (5) years 10. Latest Credit Rating (if any) 11. Brief description of litigation history (disputes, arbitration, claims, etc.), indicating current status and outcomes, if already resolved. 12. Proposer s Authorized Representative Information Name: [insert Authorized Representative s name] Address: [insert Authorized Representative s Address] Telephone/Fax numbers: [insert Authorized Representative s telephone/fax numbers] Address: [insert Authorized Representative s address] 13. Are you in the UNPD List or UN Ineligibility List? (Y / N) 4 The Proposer shall fill in this Form in accordance with the instructions. Apart from providing additional information, no alterations to its format shall be permitted and no substitutions shall be accepted. 40

41 14. Attached are copies of original documents of: All eligibility document requirements listed in the Data Sheet If Joint Venture/Consortium copy of the Memorandum of Understanding or Letter of Intent to form a JV/Consortium, or Registration of JV/Consortium, if registered If case of Government corporation or Government-owned/controlled entity, documents establishing legal and financial autonomy and compliance with commercial law. Joint Venture Partner Information Form (if Registered) 5 Date: [insert date (as day, month and year) of Proposal Submission] RFP No.: [insert number] Page of pages 1. Proposer s Legal Name: [insert Proposer s legal name] 2. JV s Party legal name: [insert JV s Party legal name] 3. JV s Party Country of Registration: [insert JV s Party country of registration] 4. Year of Registration: [insert Party s year of registration] 5. Countries of Operation 6. No. of staff in each Country 7.Years of Operation in each Country 8. Legal Address/es in Country/ies of Registration/Operation: [insert Party s legal address in country of registration] 9. Value and Description of Top three (3) Biggest Contract for the past five (5) years 10. Latest Credit Rating (if any) 1. Brief description of litigation history (disputes, arbitration, claims, etc.), indicating current status and outcomes, if already resolved. 5 The Proposer shall fill in this Form in accordance with the instructions. Apart from providing additional information, no alterations to its format shall be permitted and no substitutions shall be accepted. 41

42 13. JV s Party Authorized Representative Information Name: [insert name of JV s Party authorized representative] Address: [insert address of JV s Party authorized representative] Telephone/Fax numbers: [insert telephone/fax numbers of JV s Party authorized representative] Address: [insert address of JV s Party authorized representative] 14. Attached are copies of original documents of: [check the box(es) of the attached original documents] All eligibility document requirements listed in the Data Sheet Articles of Incorporation or Registration of firm named in 2. In case of government owned entity, documents establishing legal and financial autonomy and compliance with commercial law. 42

43 Section 6: Technical Proposal Form Technical proposal formats are expressed below based on applicable Lots. Please use relevant forms as necessary. TECHNICAL PROPOSAL FORMAT INSERT TITLE OF THE SERVICES Note: Technical Proposals not submitted in this format may be rejected. The financial proposal should be included in separate envelope. LOT 1 SECTION 1: EXPERTISE OF FIRM/ ORGANISATION This section should fully explain the Proposer s resources in terms of personnel and facilities necessary for the performance of this requirement. All contents of this section may be modified or expanded depending on the evaluation criteria stated in the RFP. 1.1 Brief Description of Proposer as an Entity: Provide a brief description of the organization / firm submitting the proposal, its legal mandates/authorized business activities, the year and country of incorporation, types of activities undertaken, and approximate annual budget, etc. Include reference to reputation, or any history of litigation and arbitration in which the organisation / firm has been involved that could adversely affect or impact the performance of services, indicating the status/result of such litigation/arbitration General Organizational Capability: Financial Stability, (Provide the latest Audited Financial Statement (Income Statement and Balance Sheet) duly certified by a Public Accountant, and with authentication of receiving by the Government s Internal Revenue Authority. Include any indication of credit rating, industry rating, etc.), Loose consortium, Size of the firm, strength of project management support, financing capacity, management controls Subcontracting: Explain whether any work would be subcontracted, to whom, how much percentage of the work, the rationale for such, and the roles of the proposed sub-contractors. Special attention should be given to providing a clear picture of the role of each entity and how everyone will function as a team Quality Assurance: Quality assurance procedures established in the process of project management (full description of procedures, control points, sub-contractors inputs) 1.5. Certificates: International recognition of institution/entity or Quality Certificate (e.g., ISO, etc.) and/or other similar certificates, awards and citations received by the Proposer Track Record and Experiences: Provide the following information regarding corporate experience within the last five (5) years which are related or relevant to those required for this Contract. Name of Client Contract Period of Types of Status or Date References 43

44 project Value activity activities undertaken Completed Contact Details (Name, Phone, ) SECTION 2 - APPROACH AND IMPLEMENTATION PLAN This section should demonstrate the Proposer s responsiveness to the TOR by identifying the specific components proposed, addressing the requirements, as specified, point by point; providing a detailed description of the essential performance characteristics proposed; and demonstrating how the proposed methodology meets or exceeds the requirements Approach to the Service/Work Required: Please provide a detailed description of the methodology for how the organisation/firm will achieve the Terms of Reference of the project, keeping in mind the appropriateness to local conditions and project environment Technical Quality Assurance Review Mechanisms: The methodology shall also include details of the important aspects of the ToR and must be addressed sufficiently. 2.3 Project details: Different components of the project should be adequately weighted relative to one another Explain whether the proposal is based on a survey of the project environment and explain if any of the data input properly used in the preparation of the proposal Conceptual Framework and appropriateness to the tasks Scope of the work: Provide sufficient details on the scope of the work in correspondence with the ToR Presentation: Presentation should be clear. Sequence of activities and planning must be logical, realistic and promise efficient implementation of the project. Other: Any other comments or information regarding the project approach and methodology that will be adopted. 44

45 SECTION 3: PERSONNEL 3 Resumes: Provide the CVs for Experts that will be provided to support the implementation of this project. CVs should demonstrate qualifications in areas relevant to the Scope of Services. Please use the format below: Name: Position for this Contract: Nationality: Contact information: Countries of Work Experience: Language Skills: Educational and other Qualifications: Summary of Experience: Highlight experience in the region and on similar projects. Relevant Experience (From most recent): Period: From To e.g. June 2004-January 2005 Etc. Etc. References no.1 (minimum of 3): Reference no.2 Reference no.3 Declaration: Name of activity/ Project/ funding organisation, if applicable: Name Designation Organization Contact Information Address; Phone; ; etc. Name Designation Organization Contact Information Address; Phone; ; etc. Name Designation Organization Contact Information Address; Phone; ; etc. Job Title and Activities undertaken/description of actual role performed: I confirm my intention to serve in the stated position and present availability to serve for the term of the proposed contract. I also understand that any wilful misstatement described above may lead to my disqualification, before or during my engagement. Signature of the Nominated Team Leader/Member Date Signed Project s Team Qualification Qualifications of Key Personnel. Provide the CVs for key personnel (experts that will be provided to support the implementation of this project. CVs should demonstrate qualifications in areas relevant to the Scope of Services. 45

46 3.1 Senior Experts: Shall have 7 years of experience of professional relevant experience. Education, professional certifications and experience in multi-cultural environments must be demonstrated. 3.2 Mid-level Expert: Shall have 5 years of experience of relevant professional experience. Education, professional certifications and experience in multi-cultural environments must be demonstrated. 3.3 Junior Expert: Shall have 3 years of experience of relevant professional experience. Education, professional certifications and experience in multi-cultural environments must be demonstrated. Other Support Personnel: Please provide as deemed necessary. Staff Time Allocation: Provide a spreadsheet to show the activities of each staff member and the time allocated for his/her involvement. (Note :This spreadsheet is crucial and no substitution of personnel will be tolerated once the contract has been awarded except in extreme circumstances and with the written approval of the UNDP. If substitution is unavoidable it will be with a person who, in the opinion of the UNDP project manager, is at least as experienced as the person being replaced, and subject to the approval of UNDP. No increase in costs will be considered as a result of any substitution.) LOT 2 SECTION 1: EXPERTISE OF FIRM/ ORGANISATION This section should fully explain the Proposer s resources in terms of personnel and facilities necessary for the performance of this requirement. All contents of this section may be modified or expanded depending on the evaluation criteria stated in the RFP. 1.1 Brief Description of Proposer as an Entity: Provide a brief description of the organization / firm submitting the proposal, its legal mandates/authorized business activities, the year and country of incorporation, types of activities undertaken, and approximate annual budget, etc. Include reference to reputation, or any history of litigation and arbitration in which the organisation / firm has been involved that could adversely affect or impact the performance of services, indicating the status/result of such litigation/arbitration General Organizational Capability: Financial Stability, (Provide the latest Audited Financial Statement (Income Statement and Balance Sheet) duly certified by a Public Accountant, and with authentication of receiving by the Government s Internal Revenue Authority. Include any indication of credit rating, industry rating, etc.), Loose consortium, Size of the firm, strength of project management support, financing capacity, management controls Subcontracting: Explain whether any work would be subcontracted, to whom, how much percentage of the work, the rationale for such, and the roles of the proposed sub-contractors. Special attention should be given to providing a clear picture of the role of each entity and how everyone will function as a team Quality Assurance: Quality assurance procedures established in the process of project management (full description of procedures, control points, sub-contractors inputs) 46

47 1.5. Certificates: International recognition of institution/entity or Quality Certificate (e.g., ISO, etc.) and/or other similar certificates, awards and citations received by the Proposer Track Record and Experiences: Provide the following information regarding corporate experience within the last five (5) years which are related or relevant to those required for this Contract. Name of project Client Contract Value Period of activity Types of activities undertaken Status or Date Completed References Contact Details (Name, Phone, ) SECTION 2 - APPROACH AND IMPLEMENTATION PLAN This section should demonstrate the Proposer s responsiveness to the TOR by identifying the specific components proposed, addressing the requirements, as specified, point by point; providing a detailed description of the essential performance characteristics proposed; and demonstrating how the proposed methodology meets or exceeds the requirements Approach to the Service/Work Required: Please provide a detailed description of the methodology for how the organisation/firm will achieve the Terms of Reference of the project, keeping in mind the appropriateness to local conditions and project environment Technical Quality Assurance Review Mechanisms: The methodology shall also include details of the important aspects of the ToR and must be addressed sufficiently. 2.3 Project details: Different components of the project should be adequately weighted relative to one another Explain whether the proposal is based on a survey of the project environment and explain if any of the data input properly used in the preparation of the proposal Conceptual Framework and appropriateness to the tasks Scope of the work: Provide sufficient details on the scope of the work in correspondence with the ToR Presentation: Presentation should be clear. Sequence of activities and planning must be logical, realistic and promise efficient implementation of the project. Other: Any other comments or information regarding the project approach and methodology that will be adopted. 47

48 SECTION 3: PERSONNEL 3 Resumes: Provide the CVs for Experts that will be provided to support the implementation of this project. CVs should demonstrate qualifications in areas relevant to the Scope of Services. Please use the format below: Name: Position for this Contract: Nationality: Contact information: Countries of Work Experience: Language Skills: Educational and other Qualifications: Summary of Experience: Highlight experience in the region and on similar projects. Relevant Experience (From most recent): Period: From To e.g. June 2004-January 2005 Etc. Etc. References no.1 (minimum of 3): Reference no.2 Reference no.3 Declaration: Name of activity/ Project/ funding organisation, if applicable: Name Designation Organization Contact Information Address; Phone; ; etc. Name Designation Organization Contact Information Address; Phone; ; etc. Name Designation Organization Contact Information Address; Phone; ; etc. Job Title and Activities undertaken/description of actual role performed: I confirm my intention to serve in the stated position and present availability to serve for the term of the proposed contract. I also understand that any wilful misstatement described above may lead to my disqualification, before or during my engagement. Signature of the Nominated Team Leader/Member Date Signed Project s Team Qualification Qualifications of Key Personnel. Provide the CVs for key personnel (experts that will be provided to support the implementation of this project. CVs should demonstrate qualifications in areas relevant to the Scope of Services. 48

49 3.1 Senior Experts: Shall have 7 years of experience of professional relevant experience. Education, professional certifications and experience in multi-cultural environments must be demonstrated. 3.2 Mid-level Expert: Shall have 5 years of experience of relevant professional experience. Education, professional certifications and experience in multi-cultural environments must be demonstrated. 3.3 Junior Expert: Shall have 3 years of experience of relevant professional experience. Education, professional certifications and experience in multi-cultural environments must be demonstrated. Other Support Personnel: Please provide as deemed necessary. Staff Time Allocation: Provide a spreadsheet to show the activities of each staff member and the time allocated for his/her involvement. (Note :This spreadsheet is crucial and no substitution of personnel will be tolerated once the contract has been awarded except in extreme circumstances and with the written approval of the UNDP. If substitution is unavoidable it will be with a person who, in the opinion of the UNDP project manager, is at least as experienced as the person being replaced, and subject to the approval of UNDP. No increase in costs will be considered as a result of any substitution.) 49

50 Section 7: Financial Proposal Form 6 (Form to be submitted separately from Technical proposal) The Proposer is required to prepare the Financial Proposal in an envelope separate from the rest of the RFP as indicated in the Instruction to Proposers. All consultancy fees /rates quoted must be exclusive of all taxes, since the United Nations, including its subsidiary organs, is exempt from taxes as detailed in Clause 18 of the UNDP General Conditions for Contract. The Financial Proposal must provide a detailed price breakdown of consultancy fees. A Proposer is required to submit separate pricing for each Lot. The format shown on the following pages is suggested for use as a guide in preparing the Financial Proposal. LOT 1: Provision of Modular Open Data Information Management Systems Price Breakdown by Activity: SN Description of Activity 1 Feasibility Analysis 2 Core Open Data Information Management System Software (bundled) Latest available version. 3 Hardware/software maintenance or hosting, system backups, support services and any other onetime costs. (Note: All recurring costs should be mentioned in additional modules section below) 4 Periodic system upgrade (as and when mutually agreed upon by Contractor and Client Partner Country) 5 Additional optional modules (named and described) Unit Price (USD) Price (Lump Sum, All Inclusive) 6 No deletion or modification may be made in this form. Any such deletion or modification may lead to the rejection of the Proposal. 50

51 6.1 - Module Module 2 7 Other (Please Specify if any) Total USD Price Breakdown by Personnel Description of Activity Quantity Unit Price Total Price I. Personnel Services (Man days proposed) USD/Consulting day a. Senior team member b. Mid-level team member c. Third team member d. Additional team members, if any Subtotal budget for personnel services II. Operational Expenses* Unit Price Price 1. Travel Costs 2. Daily Allowance 3. Others Subtotal for operational expenses III. Other Related Costs Subtotal for other costs TOTAL LUMP SUM *Travel and other related costs - UNDP will not accept travel costs exceeding those of an economy class ticket. Should company personnel wish to travel on a higher class they must do so using their own resources. Such expenses shall be pre-approved by UNDP. Under no circumstances will UNDP s reimbursement of living expenses exceed UNDP s DSA rates for each duty station (country) for the period of each assignment. LOT 2: Technology Services and System Sustainability Price Breakdown by Activity: SN Description of Activity 1 Knowledge Transfer from current vendor / Analysis of existing systems architecture Unit Price (USD) Price (Lump Sum, All Inclusive) 51

52 2 Upgrades or changes required for sustainability of the system based on analysis above 3 Required regular maintenance of software including bug fixing Cost and description of Tier 1, 2, 3 support 4 Periodic system upgrades (as and when mutually agreed upon by Contractor and Partner Country) 5 Other (Please Specify if any) Total USD Price Breakdown by Personnel Lot 2 Description of Activity Quantity Unit Price Total Price I. Personnel Services (Man days proposed) USD/Consulting day a. Senior team member b. Mid-level team member c. Third team member d. Additional team members, if any Subtotal budget for personnel services II. Operational Expenses* Unit Price Price 1. Travel Costs 2. Daily Allowance 3. Others Subtotal for operational expenses III. Other Related Costs Subtotal for other costs TOTAL LUMP SUM *Travel and other related costs - UNDP will not accept travel costs exceeding those of an economy class ticket. Should company personnel wish to travel on a higher class they must do so using their own resources. Such expenses shall be pre-approved by UNDP. Under no circumstances will UNDP s reimbursement of living expenses exceed UNDP s DSA rates for each duty station (country) for the period of each assignment. 52

53 Section 8: Form for Advanced Payment Guarantee (Not applicable) (This must be finalized using the official letterhead of the Issuing Bank. Except for indicated fields, no changes may be made on this template) [Bank s Name, and Address of Issuing Branch or Office] Beneficiary: [Name and Address of UNDP] Date: ADVANCE PAYMENT GUARANTEE No.: We have been informed that [name of Company] (hereinafter called "the Contractor") has entered into Contract No. [reference number of the contract] dated [insert: date] with you, for the provision of [brief description of Services] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum of [amount in words] ([amount in figures]) is to be made against an advance payment guarantee. At the request of the Contractor, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amount in words] ([amount in figures]) 7 upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor has used the advance payment for purposes other than toward providing the Services under the Contract. It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on its account number at [name and address of Bank]. The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Contractor as indicated in copies of certified monthly statements which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of the monthly payment certificate indicating that the Consultants have made full repayment of the amount of the advance payment, or on the day of, 2, whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No [signature(s)] Note: All italicized text is for indicative purposes only to assist in preparing this form and shall be deleted from the final product. 53

54 Section 9: FORM FOR PERFORMANCE SECURITY 8 (This must be finalized using the official letterhead of the Issuing Bank. Except for indicated fields, no changes may be made on this template) To: UNDP [Insert contact information as provided in Data Sheet] WHEREAS [name and address of Contractor] (hereinafter called the Contractor ) has undertaken, in pursuance of Contract No. Click here to enter text.dated Click here to enter a date., to execute Services.. (hereinafter called the Contract ): AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract: AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee: NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of [amount of guarantee] [in words and numbers], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of [amount of guarantee as aforesaid] without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. This guarantee shall be valid until a date 30 days from the date of issue by UNDP of a certificate of satisfactory performance and full completion of services by the Contractor. SIGNATURE AND SEAL OF THE GUARANTOR BANK Date... 8 If the RFP requires the submission of a Performance Security, which shall be made a condition to the signing and effectivity of the contract, the Performance Security that the Proposer s Bank will issue shall use the contents of this template 54

55 Name of Bank... Address... 55

56 SECTION 10 This is UNDP s template for long term agreement for bidder s reference, adherence to all terms and conditions is mandatory This Long Term Agreement is made between the United Nations Development Programme, a subsidiary organ of the United Nations, having its headquarters at 1 UN Plaza, New York, NY (hereinafter UNDP ) and (hereinafter called Contractor ) with its headquarters at. WHEREAS, UNDP desires to enter into a Long Term Agreement for the provision of services by the Contractor to UNDP, pursuant to which UNDP country offices world-wide can conclude specific contractual arrangements with the Contractor, as provided herein; WHEREAS pursuant to the Request for Proposal [to complete] the offer of the Contractor was accepted; WHEREAS the Contractor represents that it possesses the requisite knowledge, skilled personnel, financial capability, infrastructure, resources and experience and that it is fully qualified, ready, willing and able to accept and perform the obligations set forth herein on the terms and conditions of the Agreement; NOW, THEREFORE, UNDP and the Contractor (hereinafter jointly the Parties) hereby agree as follows: Article 1: SCOPE OF WORK 1.1 The Contractor shall provide the types of services and deliverables, which are listed in Annex I hereto ( Services/Terms of Reference ), as and when negotiated by UNDP and reflected in a Purchase Order, which is subject to the UNDP General Conditions of Contract for Professional services attached hereto as Annex III. 1.2 This Agreement does not in itself constitute a contract for any services and UNDP does not warrant that any quantity of Services will be purchased during the term of this Agreement, which shall be for three years renewable on an annual basis subject to satisfactory Agreement performance. Only an order in the form of a purchase order (PO) shall obligate UNDP to purchase services requested. The work expected under each particular assignment should be guided by TOR. 1.3 The work expected under each particular assignment should be guided by TOR. Article 2: CONTRACTOR S REPORTING The Contractor will report on a quarterly basis to UNDP on all Services provided. This report shall consist of but is not limited to the following key information: (i) the total number of POs issued for the services; (ii) each PO s reference number, issuance date and the amount, and the country where the services are being provided. Article 3: PRICE AND PAYMENT 56

57 3.1 Services provided by the Contractor shall be based on the unit prices listed in Annex II. The prices shall remain in effect for the period of three years from Entry into Force of the Agreement The maximum amount payable by UNDP to the Contractor in accordance with this Agreement is USD xxxx only. This amount shall not be exceeded without internal UNDP approval in accordance with UNDP Regulations, Rules and procedures and a written amendment to this Agreement executed by authorized representatives of the Parties in accordance with Section 26 of the General Terms and Conditions set forth in Annex III. Further, the Contractor will notify UNDP as and when the aggregate total spent for services under this Agreement reaches the 85% of the total amount of Agreement. 3.3 Unless otherwise agreed, the Contractor shall submit their invoices upon completion of each service. Invoices should be numbered, dated, and indicate the nature of services performed, as well as indicate UNDP s work/purchase order number. 3.4 UNDP shall review each invoice promptly and, and subject to the settlement of any queries or disputes, shall process settlement within thirty (30) days. All payment should be made by UNDP to the following Bank account of the Contractor. Bank account name DFI ID Bank ID (ABI CAB) Currency Bank account number Bank name Bank address Country of bank location Article 4: UNDP CONTACT PERSON 4.1 Communications in connection with work undertaken in connection with this Agreement shall be clearly marked, addressed and delivered as follows: To UNDP: Focal Point to be inserted. Article 5: GENERAL TERMS AND CONDITIONS 57

58 5.1 This Agreement is subject to the General Conditions of Contract for Services attached hereto as Annex III. The provisions of such Annex shall control the interpretation of this Contract and in no way shall be deemed to have been derogated by the contents of this letter and any other Annexes, unless otherwise expressly stated under Article 6 of this Agreement, entitled "Special Terms and Conditions". Article 6: ACCEPTANCE 6.1 This Agreement supersedes all prior oral or written agreements, if any, between the Parties and constitutes the entire agreement between the parties with respect to the provision of the Services hereunder. 6.2 This Agreement shall enter into force on the date of the last signature by the representatives of the Parties and shall remain in force for a period of three years subject to satisfactory performance. 6.3 Either party may terminate this Agreement for cause, in whole or in part, upon thirty (30) days notice, in writing, to the other party. 7.4 The same terms and conditions under this Agreement shall be made available to other United Nations Agencies, Funds and Programmes whenever these organizations consider applicable, Parties acknowledge and agree that the Contractor shall deal directly with the UN entities regarding all matters that may arise in respect of any particular contract/order placed by such UN entity and that UNDP shall not be responsible for or liable to the Contractor in any way or under any circumstances with respect to such contract/order placed by another UN Entity. IN WITNESS WHEREOF, the duly authorized representatives of the PARTIES have signed this agreement. For and on behalf of: Company Name UNITED NATIONS DEVELOPMENT PROGRAMME Date: Date: UNDP GENERAL CONDITIONS OF CONTRACT FOR SERVICES 1.0 LEGAL STATUS: The Contractor shall be considered as having the legal status of an independent contractor vis-à-vis the United Nations Development Programme (UNDP). The Contractor s personnel and sub-contractors shall not be considered 58

59 in any respect as being the employees or agents of UNDP or the United Nations. 2.0 SOURCE OF INSTRUCTIONS: The Contractor shall neither seek nor accept instructions from any authority external to UNDP in connection with the performance of its services under this Contract. The Contractor shall refrain from any action that may adversely affect UNDP or the United Nations and shall fulfill its commitments with the fullest regard to the interests of UNDP. 3.0 CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES: The Contractor shall be responsible for the professional and technical competence of its employees and will select, for work under this Contract, reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct. 4.0 ASSIGNMENT: The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or any of the Contractor's rights, claims or obligations under this Contract except with the prior written consent of UNDP. 5.0 SUB-CONTRACTING: In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior written approval and clearance of UNDP for all sub-contractors. The approval of UNDP of a sub-contractor shall not relieve the Contractor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and conform to the provisions of this Contract. 6.0 OFFICIALS NOT TO BENEFIT: The Contractor warrants that no official of UNDP or the United Nations has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor agrees that breach of this provision is a breach of an essential term of this Contract. 7.0 INDEMNIFICATION: The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, UNDP, its officials, agents, servants and employees from and against all suits, claims, demands, and liability of any nature or kind, including their costs and expenses, arising out of acts or omissions of the Contractor, or the Contractor's employees, officers, agents or sub-contractors, in the performance of this Contract. This provision shall extend, inter alia, to claims and liability in the nature of workmen's compensation, products liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the Contractor, its employees, officers, agents, servants or sub-contractors. The obligations under this Article do not lapse upon termination of this Contract. 8.0 INSURANCE AND LIABILITIES TO THIRD PARTIES: 8.1 The Contractor shall provide and thereafter maintain insurance against all risks in respect of its property and any equipment used for the execution of this Contract. 8.2 The Contractor shall provide and thereafter maintain all appropriate workmen's compensation insurance, or the equivalent, with respect to its employees to cover claims for personal injury or death in connection with this Contract. 59

60 8.3 The Contractor shall also provide and thereafter maintain liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss of or damage to property, arising from or in connection with the provision of services under this Contract or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the Contractor or its agents, servants, employees or sub-contractors performing work or services in connection with this Contract. 8.4 Except for the workmen's compensation insurance, the insurance policies under this Article shall: Name UNDP as additional insured; Include a waiver of subrogation of the Contractor's rights to the insurance carrier against the UNDP; Provide that the UNDP shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage. 8.5 The Contractor shall, upon request, provide the UNDP with satisfactory evidence of the insurance required under this Article. 9.0 ENCUMBRANCES/LIENS: The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with the UNDP against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the Contractor TITLE TO EQUIPMENT: Title to any equipment and supplies that may be furnished by UNDP shall rest with UNDP and any such equipment shall be returned to UNDP at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment, when returned to UNDP, shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear. The Contractor shall be liable to compensate UNDP for equipment determined to be damaged or degraded beyond normal wear and tear COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS: 11.1 Except as is otherwise expressly provided in writing in the Contract, the UNDP shall be entitled to all intellectual property and other proprietary rights including, but not limited to, patents, copyrights, and trademarks, with regard to products, processes, inventions, ideas, know-how, or documents and other materials which the Contractor has developed for the UNDP under the Contract and which bear a direct relation to or are produced or prepared or collected in consequence of, or during the course of, the performance of the Contract, and the Contractor acknowledges and agrees that such products, documents and other materials constitute works made for hire for the UNDP To the extent that any such intellectual property or other proprietary rights consist of any intellectual property or other proprietary rights of the Contractor: (i) that pre-existed the performance by the Contractor of its obligations under the Contract, or (ii) that the Contractor may develop or acquire, or may have developed or acquired, independently of the performance of its obligations under the Contract, the UNDP does not and shall not claim any ownership interest thereto, and the Contractor grants to the UNDP a perpetual license to use such intellectual property or other proprietary right solely for the purposes of and in accordance with the requirements of the Contract At the request of the UNDP; the Contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring or licensing them to the UNDP in compliance with the requirements of the applicable law and of the Contract. 60

61 11.4 Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports, estimates, recommendations, documents, and all other data compiled by or received by the Contractor under the Contract shall be the property of the UNDP, shall be made available for use or inspection by the UNDP at reasonable times and in reasonable places, shall be treated as confidential, and shall be delivered only to UNDP authorized officials on completion of work under the Contract USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNDP OR THE UNITED NATIONS: The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with UNDP, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of UNDP or THE United Nations, or any abbreviation of the name of UNDP or United Nations in connection with its business or otherwise CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION: Information and data that is considered proprietary by either Party, and that is delivered or disclosed by one Party ( Discloser ) to the other Party ( Recipient ) during the course of performance of the Contract, and that is designated as confidential ( Information ), shall be held in confidence by that Party and shall be handled as follows: 13.1 The recipient ( Recipient ) of such information shall: use the same care and discretion to avoid disclosure, publication or dissemination of the Discloser s Information as it uses with its own similar information that it does not wish to disclose, publish or disseminate; and, use the Discloser s Information solely for the purpose for which it was disclosed Provided that the Recipient has a written agreement with the following persons or entities requiring them to treat the Information confidential in accordance with the Contract and this Article 13, the Recipient may disclose Information to: any other party with the Discloser s prior written consent; and, the Recipient s employees, officials, representatives and agents who have a need to know such Information for purposes of performing obligations under the Contract, and employees officials, representatives and agents of any legal entity that it controls, controls it, or with which it is under common control, who have a need to know such Information for purposes of performing obligations under the Contract, provided that, for these purposes a controlled legal entity means: a corporate entity in which the Party owns or otherwise controls, whether directly or indirectly, over fifty percent (50%) of voting shares thereof; or, any entity over which the Party exercises effective managerial control; or, for the UNDP, an affiliated Fund such as UNCDF, UNIFEM and UNV The Contractor may disclose Information to the extent required by law, provided that, subject to and without any waiver of the privileges and immunities of the United Nations, the Contractor will give the UNDP sufficient prior notice of a request for the disclosure of Information in order to allow the UNDP to have a reasonable opportunity to take protective measures or such other action as may be appropriate before any such disclosure is made The UNDP may disclose Information to the extent as required pursuant to the Charter of the UN, resolutions or regulations of the General Assembly, or rules promulgated by the Secretary-General. 61

62 13.5 The Recipient shall not be precluded from disclosing Information that is obtained by the Recipient from a third party without restriction, is disclosed by the Discloser to a third party without any obligation of confidentiality, is previously known by the Recipient, or at any time is developed by the Recipient completely independently of any disclosures hereunder These obligations and restrictions of confidentiality shall be effective during the term of the Contract, including any extension thereof, and, unless otherwise provided in the Contract, shall remain effective following any termination of the Contract FORCE MAJEURE; OTHER CHANGES IN CONDITIONS 14.1 In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Contractor shall give notice and full particulars in writing to the UNDP, of such occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Contractor shall also notify the UNDP of any other changes in conditions or the occurrence of any event that interferes or threatens to interfere with its performance of this Contract. On receipt of the notice required under this Article, the UNDP shall take such action as, in its sole discretion; it considers to be appropriate or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in which to perform its obligations under this Contract If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, the UNDP shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 15, "Termination", except that the period of notice shall be seven (7) days instead of thirty (30) days Force majeure as used in this Article means acts of God, war (whether declared or not), invasion, revolution, insurrection, or other acts of a similar nature or force The Contractor acknowledges and agrees that, with respect to any obligations under the Contract that the Contractor must perform in or for any areas in which the UNDP is engaged in, preparing to engage in, or disengaging from any peacekeeping, humanitarian or similar operations, any delays or failure to perform such obligations arising from or relating to harsh conditions within such areas or to any incidents of civil unrest occurring in such areas shall not, in and of itself, constitute force majeure under the Contract TERMINATION 15.1 Either party may terminate this Contract for cause, in whole or in part, upon thirty (30) days notice, in writing, to the other party. The initiation of arbitral proceedings in accordance with Article 16.2 ( Arbitration ), below, shall not be deemed a termination of this Contract UNDP reserves the right to terminate without cause this Contract at any time upon 15 days prior written notice to the Contractor, in which case UNDP shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination In the event of any termination by UNDP under this Article, no payment shall be due from UNDP to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this Contract Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the Contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the Contractor, the UNDP may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate this Contract forthwith. The Contractor shall immediately inform the UNDP of 62

63 the occurrence of any of the above events SETTLEMENT OF DISPUTES 16.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties Arbitration: Any dispute, controversy, or claim between the Parties arising out of the Contract or the breach, termination, or invalidity thereof, unless settled amicably under Article 16.1, above, within sixty (60) days after receipt by one Party of the other Party s written request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. For all evidentiary questions, the arbitral tribunal shall be guided by the Supplementary Rules Governing the Presentation and Reception of Evidence in International Commercial Arbitration of the International Bar Association, 28 May 1983 edition. The arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under the Contract, order the termination of the Contract, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under the Contract, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 ( Interim Measures of Protection ) and Article 32 ( Form and Effect of the Award ) of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in the Contract, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate ( LIBOR ) then prevailing, and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim PRIVILEGES AND IMMUNITIES: Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs TAX EXEMPTION 18.1 Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter-alia that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize the United Nations exemption from such taxes, duties or charges, the Contractor shall immediately consult with the UNDP to determine a mutually acceptable procedure Accordingly, the Contractor authorizes UNDP to deduct from the Contractor's invoice any amount representing such taxes, duties or charges, unless the Contractor has consulted with the UNDP before the payment thereof and the UNDP has, in each instance, specifically authorized the Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall provide the UNDP with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized CHILD LABOUR 19.1 The Contractor represents and warrants that neither it, nor any of its suppliers is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter alia, requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical mental, spiritual, moral or social 63

64 development Any breach of this representation and warranty shall entitle UNDP to terminate this Contract immediately upon notice to the Contractor, at no cost to UNDP MINES: 20.1 The Contractor represents and warrants that neither it nor any of its suppliers is actively and directly engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines. The term "Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of Any breach of this representation and warranty shall entitle UNDP to terminate this Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of UNDP OBSERVANCE OF THE LAW: The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the performance of its obligations under the terms of this Contract SEXUAL EXPLOITATION: 22.1 The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of anyone by it or by any of its employees or any other persons who may be engaged by the Contractor to perform any services under the Contract. For these purposes, sexual activity with any person less than eighteen years of age, regardless of any laws relating to consent, shall constitute the sexual exploitation and abuse of such person. In addition, the Contractor shall refrain from, and shall take all appropriate measures to prohibit its employees or other persons engaged by it from, exchanging any money, goods, services, offers of employment or other things of value, for sexual favors or activities, or from engaging in any sexual activities that are exploitive or degrading to any person. The Contractor acknowledges and agrees that the provisions hereof constitute an essential term of the Contract and that any breach of this representation and warranty shall entitle UNDP to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind The UNDP shall not apply the foregoing standard relating to age in any case in which the Contractor s personnel or any other person who may be engaged by the Contractor to perform any services under the Contract is married to the person less than the age of eighteen years with whom sexual activity has occurred and in which such marriage is recognized as valid under the laws of the country of citizenship of such Contractor s personnel or such other person who may be engaged by the Contractor to perform any services under the Contract SECURITY: 23.1 The Contractor shall: (a) Put in place an appropriate security plan and maintain the security plan, taking into account the security situation in the country where the services are being provided; (b) Assume all risks and liabilities related to the Contractor s security, and the full implementation of the security plan UNDP reserves the right to verify whether such a plan is in place, and to suggest modifications to the plan when necessary. Failure to maintain and implement an appropriate security plan as required hereunder shall be deemed a breach of this contract. Notwithstanding the foregoing, the Contractor shall remain solely responsible for the security of its personnel and for UNDP s property in its custody as set forth in paragraph 4.1 above. 64

65 24.0 AUDITS AND INVESTIGATIONS: 24.1 Each invoice paid by UNDP shall be subject to a post-payment audit by auditors, whether internal or external, of UNDP or the authorized agents of the UNDP at any time during the term of the Contract and for a period of three (3) years following the expiration or prior termination of the Contract. The UNDP shall be entitled to a refund from the Contractor for any amounts shown by such audits to have been paid by the UNDP other than in accordance with the terms and conditions of the Contract. Should the audit determine that any funds paid by UNDP have not been used as per contract clauses, the company shall reimburse such funds forthwith. Where the company fails to reimburse such funds, UNDP reserves the right to seek recovery and/or to take any other action as it deems necessary The Contractor acknowledges and agrees that, at anytime, UNDP may conduct investigations relating to any aspect of the Contract, the obligations performed under the Contract, and the operations of the Contractor generally. The right of UNDP to conduct an investigation and the Contractor s obligation to comply with such an investigation shall not lapse upon expiration or prior termination of the Contract. The Contractor shall provide its full and timely cooperation with any such inspections, post-payment audits or investigations. Such cooperation shall include, but shall not be limited to, the Contractor s obligation to make available its personnel and any documentation for such purposes and to grant to UNDP access to the Contractor s premises. The Contractor shall require its agents, including, but not limited to, the Contractor s attorneys, accountants or other advisers, to reasonably cooperate with any inspections, post-payment audits or investigations carried out by UNDP hereunder ANTI-TERRORISM: 25.1 The Contractor agrees to undertake all reasonable efforts to ensure that none of the UNDP funds received under this Contract are used to provide support to individuals or entities associated with terrorism and that the recipients of any amounts provided by UNDP hereunder do not appear on the list maintained by the Security Council Committee established pursuant to resolution 1267 (1999). The list can be accessed via This provision must be included in all subcontracts or sub-agreements entered into under this Contract AUTHORITY TO MODIFY: Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized Official possesses the authority to agree on behalf of UNDP to any modification of or change in this Agreement, to a waiver of any of its provisions or to any additional contractual relationship of any kind with the Contractor. Accordingly, no modification or change in this Contract shall be valid and enforceable against UNDP unless provided by an amendment to this Agreement signed by the Contractor and jointly by the UNDP Authorized Official. 65